Dismissed

Smt S Parvathamma v. Sri Appu Nair

Karnataka HC17 Nov 2023RFA/149/2008

Case brief

AI extract

What is this about?

This judgment dismisses the first regular appeal as against all respondents. The court accepted the submission that the appeal abated concerning the first respondent who died, and since the other respondents were co-defendants placed ex parte, nothing survived in the appeal, leading to its dismissal without restoration. No legal representatives were brought on record.

What did the court decide?

The appeal was dismissed as against all respondents.

Smt S Parvathamma Vs Sri Appu Nair — Specific Performance | Karnataka HC (2023)

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NC: 2023:KHC:41262 RFA No. 149 of 2008

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA

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REGULAR FIRST APPEAL NO. 149 OF 2008 (SP)

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BETWEEN:

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SMT S PARVATHAMMA W/O THIMMAIAH AGED ABOUT 55 YEARS R/AT KACHERI PALYA 4^TH WARD DODDABALLAPURA TOWN BANGALORE RURAL DIST-561203

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…APPELLANT

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(BY SMT.HIMA KUMAR., FOR SRI. PRAKASH T HEBBAR, SRI B.N.SHANKARGOUDA & SRI SREEJA N., ADVOCATES)

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AND:

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Digitally signed by R MANJUNATHA 1. SRI APPU NAIR Location: HIGH S/O SHANKAR NAIR COURT OF KARNATAKA MAJOR R/AT NO.15 GANGA NAGAR EXTENSION 4TH MAIN HEBBALA BANGALORE 32

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Smt Saraswathamma W/O Late Patel Venkate Gowda Major R/at Kempapura village Yeshwanthpura Hobli Bangalore North Taluk

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NC: 2023:KHC:41262 RFA No. 149 of 2008

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SRI K V GOVINDE GOWDA S/O LATE PATEL VENKATE GOWDA MAJOR R/AT KEMPAPURA VILLAGE YESHWANTHPURA HOBLI BANGALORE NORTH TALUK

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…RESPONDENTS

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(BY SRI. M S VARADARAJAN ADVOCATE FOR C/R1,; SRI N.M.SRINIVASA MURTHY ADVOCATE FOR R-2 & R-3)

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THIS RFA FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DT.24.10.2007 PASSED IN O.S.NO.3472/2002 ON THE FILE OF THE V ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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On behalf of Sri Prakash T. Hebbar, learned counsel for the appellant time prayed.

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Sri M.S. Varadarajan, learned counsel for the contesting first respondent/plaintiff submits that first respondent died on 04.02.2018 and this Court has already passed an order that the appeal has been dismissed as abated insofar as first respondent is concerned.

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NC: 2023:KHC:41262 RFA No. 149 of 2008

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Sri M.S. Varadarajan further submits that other respondents are co-defendants, who were placed exparte in the Court below and therefore, nothing survives in the appeal, unless the appeal stands restored as against the first respondent by bringing the legal representatives of the first respondent on record.

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Placing the submission made on behalf of the counsel for

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deceased first respondent, appeal stands dismissed .

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Sd/JUDGE

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Smt S Parvathamma v. Sri Appu Nair

Case brief

What is this about?

What did the court decide?

Smt S Parvathamma v. Sri Appu Nair

Case brief

What is this about?

What did the court decide?

What the court decided

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